State v. Glover

Citations

• 2019 Ohio 5211

Syllabus

APPELLATE REVIEW/CRIMINAL – ASSAULT – EVIDENCE – SELF-DEFENSE – R.C. 2901.05 – CRIM.R. 29 – SUFFICIENCY – MANIFEST WEIGHT: Placing the burden of proving self-defense on defendant, consistent with the version of R.C. 2901.05 in effect at the time of the assault offense, was not unconstitutional. Defendant did not waive her argument on appeal that her conviction for assault was not based on sufficient evidence by failing to renew her Crim.R. 29 motion for an acquittal, because her not-guilty plea preserved her right to object to the sufficiency of the evidence. An argument that defendant established the affirmative defense of self-defense is reviewed under a manifest-weight-of-the-evidence standard.